Environmental disaster and public safety: the Court of Cassation restricts the scope of the offense

The judgment in comment deals with the crime of environmental disaster, and in particular the provision referred to in paragraph 2, No. 3, which provides for the offense to public safety as the nucleus of the crime event. The Supreme Court, while recognizing that the Legislator intended to refer to...

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Bibliographic Details
Main Author: Ginevra Ripa
Format: Article
Language:English
Published: Luca RAMACCI 2018-11-01
Series:Lexambiente
Subjects:
Online Access:https://lexambientetrimestrale.it/index.php/en/1-2018/disastro-ambientale-e-pubblica-incolumita-la-corte-di-cassazione-circoscrive-il-campo-di-applicazione-della-fattispecie
Description
Summary:The judgment in comment deals with the crime of environmental disaster, and in particular the provision referred to in paragraph 2, No. 3, which provides for the offense to public safety as the nucleus of the crime event. The Supreme Court, while recognizing that the Legislator intended to refer to a broad notion of environment, did not find the fumus of the crime in the matter in question – concerning a collapse of unauthorized buildings – on the assumption that the offense to public safety should in any event refer to the environment.
ISSN:2612-2103